
Terms and Conditions for Nivafy- Blockchain Gaming Platform & Content Sharing Social Networking Platform.
Effective Date: 05-12-2024
Welcome to Nivafy ("Company," "we," "us," or "our"). These Terms and Conditions ("Terms") govern your access to and use of our blockchain gaming platform and related services and content sharing social networking platform (collectively, the "Platform"). By accessing or using the Platform, you agree to be bound by these Terms.
ARBITRATION NOTICE: PLEASE NOTE THAT THESE TERMS INCLUDE AN ARBITRATION CLAUSE FURTHER BELOW. EXCEPT FOR CERTAIN KINDS OF DISPUTES DESCRIBED IN THAT ARBITRATION CLAUSE, YOU AND AGREE THAT DISPUTES BETWEEN US WILL BE RESOLVED THROUGH MANDATORY BINDING ARBITRATION, AND YOU AND NIVAFY WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS-ACTION LAWSUIT OR CLASS-WIDE ARBITRATION. YOU HAVE THE OPTION TO OPT OUT OF ARBITRATION AS EXPLAINED IN THE ARBITRATION CLAUSE.
Important Policy on Discussions, Respect, and Community Safety
At Nivafy, we have established a policy regarding discussions, respect, and community safety to foster an open, respectful, and inclusive environment for our users. By using the Nivafy platform, you agree to adhere to the following principles:
- Restricted Discussions: Discussions about politics and religion are restricted on the Nivafy platform. This restriction is in place to promote a community that is open, respectful, and free of misinformation. We encourage our users to engage in other topics that contribute to a positive and enriching user experience.
- Respect and Dignity: We expect our users to treat each other with respect, dignity, and kindness. It is important to be mindful of your words and actions, considering the diverse backgrounds, beliefs, and perspectives of our community members. Engaging in respectful and constructive dialogue is encouraged.
- Harassment and Bullying: We have a zero-tolerance policy for harassment or bullying in any form. This includes, but is not limited to, offensive language, personal attacks, threats, or any other behavior that causes harm or distress to others. We are committed to maintaining a safe and welcoming environment for all users.
- Hate Speech and Discrimination: We strictly prohibit any form of hate speech or discrimination based on race, ethnicity, religion, gender, sexual orientation, disability, or any other protected characteristic. We do not tolerate the promotion of violence, intolerance, or discrimination in any manner.
- Reporting and Action: We encourage our users to report any instances of disrespect, bullying, hate speech, or discrimination that they encounter on the platform. Reports can be submitted through the designated reporting mechanisms provided on the Nivafy platform. We take such reports seriously and will investigate and take appropriate actions to address violations of our policies.
- User Responsibility: Each user is responsible for their own actions and interactions on the Nivafy platform. We encourage users to be mindful of their language, respectful of others, and understanding different perspectives. By contributing positively to the community, you help create a safe and welcoming environment for everyone.
Eligibility: Nivafy’s services are not intended for children under the age of 13. To create an account and utilize our Services, you must affirm that you are at least 13 years old. In instances where we discover that a user is under 13 (or the minimum legal age for use of our Services in your state, province, or country without parental consent, if it is higher), we will cease providing Services to that user and delete their account along with any associated data. Certain Services may be governed by additional terms, which may necessitate a higher minimum age. We advise you to thoroughly read all such terms. By using our Services, you acknowledge, warrant, and agree that:
- You are capable of entering into a binding contract with Nivafy.
- You are not restricted from using the Services under the laws of the United States or any other relevant jurisdiction—for instance, you do not feature on the U.S. Treasury Department’s list of Specially Designated Nationals or encounter any other similar prohibition.
- You are not a registered sex offender; and
- You will abide by these Terms (including any other terms and policies referred to in these Terms, such as the Community Guidelines, Music on Nivafy Guidelines, and the Commercial Content Policy) and all relevant local, state, national, and international laws, rules, and regulations.
Account Registration: To use certain features of the Platform, you may be required to create an account. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.
If you are accessing our Services on behalf of a business or other entity, you assert that you have the authority to bind that entity to these Terms, and you consent to these Terms on behalf of both yourself as an individual user and the concerned entity (hereafter, all references to “you” and “your” in these Terms will refer to both you as an individual and the entity). If you are using the Services on behalf of a U.S. Government entity, you consent to the Amendment to Nivafy Inc. Terms of Service for U.S. Government Users.
User Conduct: You agree to use the Platform in compliance with these Terms and all applicable laws and regulations. You must not engage in any activity that may harm, disrupt, or impair the functioning of the Platform or interfere with other users’ enjoyment of the Platform.
Nivafy’s various Services empower you to generate, upload, post, transmit, and store content. By doing so, you retain the ownership rights in your content as you initially held them. However, you grant us a license to utilize that content, and the extent of that license is contingent upon the particular Services you use and the settings you’ve configured.
For all content submitted to the Services, including content classified as Public Content, you hereby grant Nivafy and our affiliates a global, royalty-free, sublicensable, and transferable license. This license encompasses hosting, storage, caching, usage, display, reproduction, modification, adaptation, editing, publication, analysis, transmission, and distribution of the content. Its purpose is to operate, evolve, provide, promote, enhance, and conduct research for the Services. Furthermore, this license entails the right to make your content accessible to and share these rights with service providers with whom we have contractual relationships linked to Service provision, exclusively for the purpose of delivering such Services.
Public Story submissions and any other content you contribute to public Services such as Public Profiles, Realize Dreams, Nivafy Map, or Nivafy TV and all other Nivafy’s services are collectively referred to as “Public Content.” As Public Content is inherently public, you grant Nivafy, our affiliates, other Service users, and our business partners an unrestricted, worldwide, royalty-free, irrevocable, and perpetual right and license. This license permits the creation of derivative works, promotion, exhibition, broadcasting, syndication, reproduction, distribution, synchronization, overlay of graphics and auditory effects, public performance, and public display of all or any part of your Public Content. This applies to separate videos, images, sound recordings, or musical compositions present in your Public Content, as well as the name, image, likeness, and voice of any individuals featured in your Public Content, which you create, upload, post, transmit, or appear in (including as represented in your Realize Dreams AI files). Consequently, you are not entitled to compensation if your content, videos, photos, sound recordings, musical compositions, name, image, likeness, or voice are employed by us, our affiliates, Service users, or our business partners. For details on how to customize the audience for your content, please refer to our Privacy Policy. All Public Content must be suitable for individuals aged 13 and above.
While not obligated to do so, we may access, review, screen, and delete your content at our discretion and for any reason. This includes instances where we believe your content breaches these Terms or applicable laws. Nevertheless, you remain solely responsible for the content you generate, upload, post, transmit, or store through the Services.
Nivafy, our affiliates, and our third-party partners may display advertisements on the Services, including personalized advertising based on the information you provide us, we collect, or obtain about you. These advertisements may appear near, between, over, or alongside your content.
We greatly appreciate feedback from our users. However, should you provide feedback or suggestions, please be aware that we can use them without compensation or any restrictions or obligations to you. By doing so, you agree that we will possess all rights in anything developed based on such feedback or suggestions.
Tournament Participation: The Platform allows you to participate in gaming tournaments hosted by other users or create your own tournaments or by us. By participating in tournaments, you agree to abide by the rules and guidelines set forth by the tournament organizers.
Fair Play: We strive to maintain a fair gaming environment. Any form of cheating, manipulation, or unauthorized use of the Platform is strictly prohibited. We reserve the right to investigate and take appropriate action against any user found in violation of these rules.
Prizes: Nivafy, provides pool prizes for winners of gaming tournaments. The distribution of prizes will be in accordance with the rules and guidelines specified for each tournament. The Company reserves the right to modify or cancel prizes at its discretion.
Chat Feature: The Platform provides a secure and private chat feature to facilitate communication among users during gameplay. You agree to use this feature responsibly and not engage in any abusive, harassing, or offensive behavior towards other users.
Matchmaking System: The Platform incorporates a matchmaking system to match players with opponents of similar skill levels. While we strive for balanced matchups, we cannot guarantee perfectly matched opponents in every instance.
User-Generated Content: You may have the ability to create, upload, or share content on the Platform. By doing so, you grant us a non-exclusive, worldwide, royalty-free license to use, reproduce, modify, adapt, publish, and distribute your content for the purposes of operating and promoting the Platform.
See User Interactions and Communication on Social Networking Platform for all policies regulating Nivafy platform.
The following provisions govern user interactions and communication on the Nivafy platform:
- User-Generated Content: The Nivafy platform may allow users to create, upload, or share content, including but not limited to text, images, videos, and other materials (“User-Generated Content”). By submitting User-Generated Content, you grant Nivafy a non-exclusive, worldwide, royalty-free license to use, reproduce, modify, adapt, publish, and distribute your User-Generated Content for the purposes of operating and promoting the platform.
- Responsible User Conduct: You agree to use the Nivafy platform, responsibly and in compliance with these Terms, as well as all applicable laws and regulations. You are solely responsible for your User-Generated Content and any interactions or communications you have with other users.
- User Interactions: The platform provides features that allow users to interact with each other, such as comments, likes, direct messages, and other communication channels. You acknowledge and agree that any interactions or communications you have with other users are solely between you and the other user, and Nivafy is not responsible for the content or consequences of these interactions.
- Prohibited Conduct: You must not engage in any conduct that is unlawful, defamatory, infringing, harassing, abusive, fraudulent, or otherwise objectionable on the Nivafy platform. This includes but is not limited to:
- Posting or sharing content that violates the rights of others, including intellectual property rights or privacy rights.
- Engaging in bullying, harassment, or hate speech towards other users.
- Impersonating another individual or entity.
- Uploading or distributing malicious software, viruses, or other harmful content.
- Engaging in any activity that disrupts or interferes with the functioning of the platform or the user experience of other users.
- Reporting and Moderation: Nivafy, reserves the right to monitor, review, and moderate User-Generated Content and user interactions on the platform. We may remove or disable access to any content that violates these Terms or is otherwise deemed inappropriate, without prior notice. If you encounter any content that you believe violates these Terms or is objectionable, please report it to us using the designated reporting mechanisms.
- Disclaimer of Responsibility: Nivafy, is not responsible for the content or accuracy of User-Generated Content or the conduct of users on the platform. We do not endorse or guarantee the reliability, accuracy, or quality of any User-Generated Content. You acknowledge that any reliance on User-Generated Content or interactions with other users is at your own risk.
In the context of Nivafy’s Services, Nivafy retains ownership of the Services, encompassing associated brands, creative works, software, and other proprietary content, features, and technology.
It is imperative to uphold Nivafy’s rights and abide by the Nivafy Brand Guidelines, as well as any additional guidelines, support documents, or FAQs issued by Nivafy or our affiliates. This entails refraining from engaging in, attempting, facilitating, or encouraging any of the following actions, as any such actions may result in the suspension or termination of your access to the Services:
- Utilizing branding, logos, icons, user interface elements, product or brand aesthetics, designs, photographs, videos, or any other materials that Nivafy provides through the Services, except as explicitly authorized by these Terms, the Nivafy Brand Guidelines, or other brand guidelines disseminated by Nivafy or our affiliates.
- Infringing upon or violating Nivafy’s, our affiliates’, or any third party’s copyrights, trademarks, or other intellectual property rights, which includes using the Services to submit, display, post, create, or generate any content that constitutes an infringement.
- Duplicating, modifying, archiving, downloading, uploading, disclosing, distributing, selling, leasing, syndicating, broadcasting, performing, displaying, making available, creating derivatives of, or otherwise employing the Services or the content within the Services, except for temporary files automatically cached by your web browser for display purposes, as explicitly permitted within these Terms, as otherwise granted by us in writing, or as enabled by the Service’s intended functionality.
- Creating an additional account if your account has been previously disabled by us, making efforts to access the Services through unauthorized third-party applications, soliciting login credentials from other users, or engaging in the purchase, sale, rental, or leasing of access to your account, a username, Nivafy’s, or a friend link.
- Attempting to reverse engineer, duplicate, decompile, disassemble, decode, or extract the source code of the Services (including any underlying ideas or algorithms), or any other activity aimed at gaining insight into the software of the Service.
- Employing any automated means or interface, such as robots, spiders, crawlers, scrapers, or similar tools, to access the Services or extract information about other users.
- Developing or using third-party applications that interact with the Services or the content or information of other users without obtaining our written consent.
- Using the Services in a manner that could disrupt, interfere with, negatively affect, or inhibit other users from fully enjoying the Services, or that could harm, disable, overload, or impair the functionality of the Services.
- Uploading viruses or any malicious code, or otherwise jeopardizing, circumventing, or bypassing the security of the Services.
- Attempting to bypass any content-filtering techniques implemented by us or trying to access areas or features of the Services for which you lack authorization.
- Probing, scanning, or testing the vulnerability of our Services or any associated system or network.
- Violating any applicable laws or regulations in connection with your usage of or access to the Services.
- Accessing or using the Services in a manner not explicitly permitted by these Terms or our Community Guidelines.
At Nivafy, we hold a deep commitment to respecting the rights of all individuals, and we expect the same from our users. Accordingly, it is imperative that you, as a user of our Services, refrain from utilizing the Services in a manner that infringes upon or violates the rights of others, including but not limited to rights of publicity, privacy, copyright, trademark, or any other intellectual property right.
When you choose to submit content to our Services, you are explicitly agreeing and representing that you either possess ownership of the content or have obtained all the necessary permissions, clearances, and authorizations required to submit it to the Services. This includes, if applicable, securing the rights needed to make mechanical reproductions of the musical works embedded in sound recordings, synchronize compositions with content, publicly perform compositions or sound recordings, or any other pertinent rights relating to any music not provided by Nivafy but incorporated into your content. Moreover, you grant the rights and licenses stipulated in these Terms for the content you submit.
Furthermore, you pledge not to utilize or attempt to use another user’s account unless expressly permitted by Nivafy or its affiliates.
Nivafy, places a strong emphasis on complying with copyright laws, including the Digital Millennium Copyright Act (DMCA). We take diligent measures to promptly remove any infringing material from our Services once we become aware of it. In cases where we observe repeated copyright infringements by a user, we will take appropriate actions within our authority, which may include suspending or terminating the user’s account.
Should you believe that any content on our Services infringes upon a copyright that you own or control, please report it using the form accessible through this tool. Alternatively, you may file a notice with our designated agent at Nivafy Inc., Attn: Copyright Agent, 710 South Myrtle St unit 120, Monrovia, Ca 91016 or email: [email protected]. We kindly request that you reserve the use of this email address exclusively for reporting copyright infringement, as any other emails sent to it will be disregarded and reported as spam.
For reporting other forms of infringement on our Services, please use the tool accessible here. If you opt to file a notice with our Copyright Agent, it must comply with the requirements delineated in 17 U.S.C. § 512(c)(3). This entails that the notice must:
- Contain the physical or electronic signature of a person authorized to act on behalf of the copyright owner.
- Identify the copyrighted work alleged to have been infringed.
- Specify the material claimed to be infringing or the subject of infringing activity, alongside adequate information to facilitate the material’s location.
- Furnish your contact information, including your address, telephone number, and email address.
- Provide a personal statement asserting your good-faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
- Include a statement affirming that the information in the notification is accurate and, under penalty of perjury, verifying that you are authorized to act on behalf of the copyright owner.
Privacy Policy: Our Privacy Policy outlines how we collect, use, disclose, and protect your personal information. By using the Platform, you consent to the collection and use of your information as described in the Privacy Policy.
Security Measures: We implement reasonable security measures to protect the integrity and confidentiality of user data. However, no data transmission or storage system can be guaranteed to be completely secure. You acknowledge and accept the inherent security risks associated with using the Platform.
At Nivafy, we strive to enhance your experience by offering personalized recommendations through our Services. This feature is designed to render our Services more pertinent and engaging for you. Our recommendations encompass content, advertisements, and additional information, all of which are tailored to your interests and the interests of others, as inferred from the use of our Services. For us to provide you with these personalized recommendations, it is essential to process your personal data, as elaborated in our Privacy Policy.
This personalization is also a fundamental aspect of our contractual agreement with you unless you choose to receive less personalized content within the Services.
Ownership: The Platform and its contents, including but not limited to graphics, logos, trademarks, and software, are owned by or licensed to Nivafy and User are protected by intellectual property laws. You are granted a limited, non-exclusive, non-transferable license to use the Platform solely for your personal, non-commercial use.
User Content: You retain ownership of any content you create or upload to the Platform. By submitting user-generated content, you grant us a non-exclusive, worldwide, royalty-free license to use, reproduce, modify, adapt, publish, and distribute your content for the purposes of operating and promoting the Platform.
Prohibited Use: You must not use, reproduce, modify, adapt, distribute, or exploit any content on the Platform without our prior written consent. Any unauthorized use of the Platform’s intellectual property is strictly prohibited and may result in legal action.
At Nivafy, we are continuously working on enhancing and innovating our Services. This means that we may introduce new features, products, or functionalities, and we may also decide to remove or suspend existing Services. We retain the flexibility to take any of these actions at any time, and we are not obligated to provide prior notice.
It’s important to understand that these improvements and changes may necessitate updates to these Terms. These updates might be necessary to reflect alterations in our Services, how they are delivered, or to ensure compliance with legal requirements, as well as for other legal or security considerations. When we make significant changes to these Terms, we will make reasonable efforts to provide you with advance notice, unless such changes are required more urgently, such as due to a change in legal regulations or the launch of new Services or features. If you choose to continue using our Services after these changes come into effect, we will consider this as your acceptance of the updated Terms.
After agreeing to these Terms, any written notice, request, or communication from us to you may be provided via email, mail, or notifications within the Nivafy Products. It is your responsibility to keep your contact information up to date, such as your name, business name, and email address.
We strive to maintain the Services in good working order and without disruptions, but we cannot guarantee uninterrupted or error-free operation.
The Services are provided on an “as is” and “as available” basis, and, to the extent permitted by law, without warranties of any kind, either express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. Furthermore, although we aim to provide a satisfactory user experience, we do not guarantee or warrant that:
- The Services will always be secure, error-free, or punctual.
- The Services will operate without interruptions, delays, or imperfections.
- Any content, user content, or information you acquire through the Services will be timely or accurate.
Neither we nor our affiliates accept responsibility or assume liability for any content created, uploaded, posted, sent, received, or stored by you, another user, or a third party on or through our Services. You acknowledge and agree that you may encounter content that could be offensive, unlawful, deceptive, or otherwise inappropriate, and neither we nor our affiliates will be held accountable for such content.
To the extent permitted by law, you agree to indemnify, defend, and hold harmless Nivafy, our affiliates, directors, officers, shareholders, employees, licensors, and agents from any and all complaints, charges, claims, damages, losses, costs, liabilities, and expenses (including attorneys’ fees). This indemnification applies to issues related to:
- Your access to or use of our Services, or any products or services provided by a third party in connection with our Services, even if recommended, made available, or approved by Nivafy.
- Your content, including claims of infringement related to your content.
- Your violation of these Terms or any applicable law or regulation.
- Your negligence or willful misconduct.
In simple terms, if your actions cause us any harm or result in legal issues, you are responsible for compensating us for any damage incurred.
Exclusion of Damages: To the maximum extent permitted by applicable law, Nivafy and its affiliates, directors, officers, employees, and agents shall not be liable for any indirect, incidental, consequential, or punitive damages arising out of or in connection with your use of the Platform.
Limitation of Liability: In no event shall our total liability to you for all claims arising out of or in connection with these Terms or your use of the Platform exceed the amount you paid, if any, to us for accessing and using the Platform.
- Our liability for anything that occurs on the Service is limited to the extent of the law. If there is any issue with the Service, we are unable to anticipate all potential consequences. You agree that we are not liable for any lost profits, revenues, information, or data, or any indirect, special, exemplary, punitive, or incidental damages related to these Terms, even if we are aware of the possibility of such damage. This includes when we remove your content, information, or account. Our total liability related to these Terms will not exceed $100 or any payments made to us within the past twelve months.
- We don‘t have control over what other people do or say and we aren‘t responsible for their behaviors or actions (whether online or offline), or content (including unlawful or offensive material). We aren‘t responsible for services and features offered by other people or companies, even if you access them through our Service.
- You agree to defend (at our request), indemnify and hold us harmless from and against any claims, liabilities, damages, losses, and expenses, including without limitation, reasonable attorney‘s fees and costs, arising out of or in any way connected with your use of the Service or any breach of these Terms. You will, at our request and expense, assist us in defending or settling any such claim. We reserve the right to assume the exclusive defense and control of any matter subject to indemnification by you, and you will not in any event settle any claim without our prior written consent.
If any provision of these Terms is held to be invalid, illegal, or unenforceable, the validity, legality, and enforceability of the remaining provisions shall not in any way be affected or impaired.
Nivafy’s Services may incorporate, present, or provide access to content, data, information, applications, features, or materials originating from third parties, which we collectively refer to as “Third-Party Materials.” Additionally, our Services may include links to specific third-party websites or enable the utilization of third-party services within the scope of these Services.
It’s important to note that when you engage with or utilize any Third-Party Materials or third-party services through our Services, including those we offer in collaboration with third parties, your relationship with these third parties is governed by their respective terms and conditions. Neither Nivafy nor any of our affiliated entities assume responsibility or liability for the terms established by third parties or for actions taken in accordance with those terms.
Furthermore, by choosing to use our Services, you expressly acknowledge and consent to the fact that Nivafy is not obligated to review, assess, or verify the content, accuracy, completeness, availability, timeliness, validity, compliance with copyright laws, legality, appropriateness, quality, or any other aspect of these Third-Party Materials, third-party services, or third-party websites. We do not offer any warranties or endorsements, and we disclaim any responsibility or liability to you or any other individual for third-party services, Third-Party Materials, third-party websites, or any other materials, products, or services provided by third parties.
The presence of Third-Party Materials, the availability of third-party services, and links to external websites are provided solely for your convenience.
These Terms shall be governed by and construed in accordance with the laws of the United States of America. Any disputes arising out of or in connection with these Terms shall be subject to the exclusive jurisdiction of the courts of Washington State, USA.
- Indemnity
You agree, to the fullest extent permitted by law, to indemnify, defend, and hold harmless Nivafy, our affiliates, directors, officers, stockholders, employees, licensors, and agents from and against any and all claims, damages, losses, costs, liabilities, and expenses (including attorneys’ fees) arising out of, or relating in any way to:
- your access to or use of the Services, or any products or services provided by a third party in connection with the Services, even if recommended, made available, or approved by Nivafy.
- your content, including infringement claims related to your content;
- your breach of these Terms or any applicable law or regulation; or
- your negligence or willful misconduct.
Arbitration, Class-Action Waiver, and Jury Waiver
Arbitration: Any dispute, claim, or controversy arising out of or relating to these Terms, the Nivafy platform, or your use of the platform (collectively, “Disputes”) shall be resolved through binding arbitration instead of in court. The arbitration shall be conducted by a single arbitrator in accordance with the rules of the chosen arbitration provider. The arbitration shall be held in California State, USA. The arbitrator’s decision shall be final and binding, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.
Class-Action Waiver: You agree that any arbitration or proceeding shall be conducted on an individual basis and not as a class, collective, or representative action. You waive any right to participate in any class, collective, or representative proceeding against Nivafy or its affiliates.
Jury Waiver: To the fullest extent permitted by applicable law, you hereby waive any right to a trial by jury in any proceeding relating to or arising out of these Terms, the Nivafy platform, or your use of the platform.
Exceptions: Notwithstanding the above arbitration requirement, either party may bring an individual action in small claims court or seek injunctive or other equitable relief in a court of competent jurisdiction to protect its intellectual property rights, without resorting to arbitration.
Governing Law: These Terms shall be governed by and construed in accordance with the laws of California State, USA, without giving effect to any choice-of-law or conflict-of-law principles.
If you are located in the European Economic Area (EEA), the following provisions regarding international transfers of personal data apply:
Transfer of Personal Data: Nivafy operates globally, and your personal data may be transferred to and processed in countries outside the EEA, including the United States and other countries that may have different data protection laws than those in your jurisdiction.
Legal Basis for Transfers: Where required under applicable data protection laws, we will ensure that appropriate safeguards are in place for the transfer of your personal data outside the EEA. This may include relying on adequacy decisions, standard contractual clauses approved by the European Commission, or other appropriate safeguards as permitted by applicable laws.
Your Rights: If you are located in the EEA, you have certain rights regarding your personal data, including the right to access, rectify, restrict processing, and delete your personal data. You may also have the right to data portability and the right to object to the processing of your personal data. For more information about your rights and how to exercise them, please refer to the “Your Choices and Rights” section of our Privacy Policy.
Contact Information: If you have any questions or concerns about the transfer of your personal data or the safeguards in place, please contact us using the information provided in the “Contact Us” section of our Privacy Policy.
If you are located in the United Kingdom (UK), the following provisions regarding international transfers of personal data apply:
Transfer of Personal Data: Nivafy operates globally, and your personal data may be transferred to and processed in countries outside the UK, including the United States and other countries that may have different data protection laws than those in your jurisdiction.
Legal Basis for Transfers: Where required under applicable data protection laws, we will ensure that appropriate safeguards are in place for the transfer of your personal data outside the UK. This may include relying on adequacy decisions, standard contractual clauses approved by the UK Information Commissioner’s Office (ICO), or other appropriate safeguards as permitted by applicable laws.
Your Rights: If you are located in the UK, you have certain rights regarding your personal data, including the right to access, rectify, restrict processing, and delete your personal data. You may also have the right to data portability and the right to object to the processing of your personal data. For more information about your rights and how to exercise them, please refer to the “Your Choices and Rights” section of our Privacy Policy.
Contact Information: If you have any questions or concerns about the transfer of your personal data or the safeguards in place, please contact us using the information provided in the “Contact Us” section of our Privacy Policy.
This section outlines Nivafy’s rights to review compliance, conduct app reviews, perform regular monitoring and auditing, and suspend or terminate these Terms as necessary:
App Review: Nivafy, reserves the right to review and assess any applications or content submitted by users for compliance with these Terms and any applicable guidelines or policies. We may reject, modify, or remove any applications or content that we determine, in our sole discretion, to be in violation of these Terms or that are otherwise objectionable or unlawful.
Regular Monitoring: We may engage in regular monitoring activities to ensure compliance with these Terms, protect the integrity and security of the Nivafy platform, and enforce our rights. This monitoring may include, but is not limited to, reviewing user activities, content, and communications on the platform.
Auditing Rights: Nivafy, may conduct periodic audits to verify compliance with these Terms, applicable laws, and regulations. By using Nivafy platform, you agree to cooperate with any audits conducted by Nivafy or its authorized representatives.
Suspension and Termination: Nivafy reserves the right to suspend or terminate your access to the Nivafy platform and these Terms, in whole or in part, at any time and for any reason, including but not limited to:
- Non-compliance with these Terms or any applicable laws, regulations, or policies.
- Violation of the rights of other users or third parties.
- Engaging in fraudulent, abusive, or illegal activities on the platform.
- Security concerns or threats to the integrity of the Nivafy platform.
- Any other actions or behaviors deemed inappropriate or harmful to Nivafy.
Effect of Suspension or Termination: In the event of suspension or termination, you will no longer have access to the Nivafy platform, and any licenses or permissions granted under these Terms will cease immediately. Nivafy, shall not be liable for any damages or losses resulting from the suspension or termination of your access to the platform.
- In accordance with our Terms of Service, you must not assign, transfer, acquire, merge, or otherwise change control of any of your rights or obligations under these Terms to any third party without our prior written consent. Any such unauthorized transfer will be rendered null and void. For any permitted transfer, you may continue to Process Platform Data only for your App, subject to these Terms, and only after you have re-submitted your App and obtained our approval through our App Review process.
- You also must comply with all applicable laws and regulations (including the Children’s Online Privacy Protection Act (“COPPA”) and the Video Privacy Protection Act (“VPPA”)).
- We reserve the right to modify these Terms at any time. If any changes are made, your continued use of the Platform will signify your acceptance of these amended Terms.
- If there is any conflict between these Terms and any other applicable online terms, the terms that are more restrictive on you and your App or more protective of us apply.
- We reserve the right to alter, suspend, or terminate access to any aspect of the Platform at any time. We may also place limits on certain features or services or limit your access to certain parts or all of our APIs or websites without prior notice or liability.
- We do not guarantee that Platform will always be free.
- If we choose to offer assistance or alterations to Platform, either may be terminated without prior warning at any given moment.
- We can also issue a press release or make public statements or disclosures to announce our partnership with you or the utilization of our Platform.
- If you choose a username or any other form of identification for your account, it is subject to change if we deem it to be appropriate or necessary. This could be for a variety of reasons, such as if it infringes on someone‘s intellectual property or it attempts to impersonate another user.
- You must obtain written permission from us or obtain an appropriate open-source license before making any modifications, creating derivative works, decompiling, or otherwise attempting to extract source code from us.
- You are not allowed to use our intellectual property or trademarks without our prior written consent or as outlined in our Brand Guidelines. Any unauthorized usage of our intellectual property or trademarks is strictly prohibited.
- If you make use of any intellectual property supplied by us in our Service (like images, designs, videos, or audio clips), we reserve all rights to the content we provided (however, your rights to your own content remain unaffected).
If you download or use our software, you give us permission to download and install updates to the software where available.
A significant portion of the content featured on our Services originates from users, publishers, and various third parties. Whether this content is publicly posted or sent privately, the responsibility for its nature and appropriateness falls solely on the user or entity that submitted it. While Nivafy, maintains the right to examine, moderate, or remove any content displayed on the Services, we do not engage in the review of all content. Consequently, we cannot, and do not, guarantee that other users or the content they contribute to the Services will adhere to our Terms, Community Guidelines, or other terms, policies, or guidelines.
Users have the option to report content generated by others or accounts operated by others if they believe such content violates our Terms, Community Guidelines, or other applicable guidelines and policies. For comprehensive guidance on reporting content and accounts, please refer to our Support Site.
We sincerely hope you will appreciate the decisions we make regarding content or user accounts. However, if you have any grievances or concerns, you can utilize the submission form accessible here. If you choose to use this process, please note that complaints must be submitted within 90 days of the relevant decision.
Upon receiving a complaint, we pledge to:
- Review the complaint in a timely, unbiased, diligent, and non-arbitrary manner.
- Rectify our decision if we ascertain that our initial assessment was incorrect.
- Promptly communicate our decision to you, along with any available avenues for recourse.
At Nivafy, your safety is of paramount importance to us. We are committed to maintaining a secure and welcoming environment for all users. However, it’s crucial to acknowledge that while we invest our best efforts into achieving this, we cannot guarantee it without your cooperation. Hence, your active participation is indispensable.
By utilizing our Services, you commit to adhering to these Terms, which encompass our Community Guidelines and any additional policies that Nivafy may introduce to ensure the safety of the Services.
In the event of non-compliance, Nivafy retains the right to take various actions, including but not limited to:
- Removal of Offending Content: We may remove content that violates our Terms and policies.
- Account Termination or Visibility Limitation: We may terminate your account or limit its visibility as deemed necessary.
- Data Retention: We will adhere to our data retention policies regarding the information related to your account.
- Notification to Third Parties: We may notify third parties, including law enforcement agencies, and provide them with relevant information pertaining to your account. This is essential to safeguard the well-being of our users, conduct investigations, address potential breaches of our Terms, and identify and resolve instances of fraud or security issues.
We also extend our concern for your physical safety while using our Services. It is imperative that you refrain from using our Services in a manner that may distract you from adhering to traffic or safety regulations. For example, never engage with our Services while driving, and avoid putting yourself or others in harm’s way solely for the sake of capturing a Nivafy moment or engaging with our features.
Your safety is a shared responsibility, and your cooperation in upholding these principles is greatly appreciated. Together, we can create a secure and enjoyable environment for all Nivafy users.
When using Nivafy’s Services, please be aware that you are responsible for any associated mobile charges. These charges encompass data fees as well as charges for messaging services such as SMS, MMS, or any other messaging protocols or technologies collectively referred to as “Messages.” To ensure a clear understanding of these charges, we recommend inquiring with your service provider about their specific costs before using our Services.
By providing us with your mobile phone number, you consent to receiving Messages from Nivafy pertaining to the Services. These Messages may cover a range of topics, including promotions (in cases where we have obtained your consent or as permitted by applicable law), notifications related to your account, and information regarding your association with Nivafy. Importantly, you acknowledge and agree that you will receive these Messages even if your mobile phone number is registered on any state or federal Do Not Call list, or its international equivalents.
In the event that you decide to change or deactivate the mobile phone number associated with your Nivafy account, it is essential that you promptly update your account information via the Settings feature within 48 hours. This action will prevent the unintended delivery of messages meant for you to another recipient. Your diligence in maintaining accurate account information is greatly appreciated.
Policies for Pages, Groups, and Events
The following policies govern the use of Pages, Groups, and Events on the Nivafy platform. By creating or participating in Pages, Groups, or Events, you agree to adhere to these policies:
Authentic Representation
- Accurate Information: Provide accurate and up-to-date information about your Page, Group, or Event. Misleading or deceptive representation is prohibited.
- Official Authorization: If you create a Page, Group, or Event on behalf of an organization or entity, you must have the necessary authorization to represent that organization or entity.
- Impersonation: Do not impersonate individuals, organizations, or entities through your Page, Group, or Event. Use accurate and appropriate names and profile information.
Content Guidelines
- Prohibited Content: Do not post or share content that violates our Terms of Service, including but not limited to illegal or infringing content, hate speech, harassment, nudity, or graphic violence.
- Community Standards: Follow our Community Standards, which prohibit the promotion of violence, hate speech, discrimination, or any form of harmful or offensive content.
- Intellectual Property: Respect intellectual property rights. Do not post or share content that infringes upon the rights of others, including copyrighted material, trademarks, or confidential information.
Privacy and Data Protection
- User Privacy: Respect the privacy of users. Do not collect or use personal information of individuals without their consent and comply with applicable privacy laws.
- Data Protection: Safeguard user data and ensure compliance with data protection regulations. Handle user data securely and responsibly and provide clear information on data collection and usage practices.
User Safety and Engagement
- Bullying and Harassment: Do not engage in bullying, harassment, or any form of abusive behavior towards others. Foster a safe and respectful environment for all participants.
- Community Guidelines: Establish and enforce community guidelines that promote positive engagement, mutual respect, and constructive discussions among members.
- Moderation: Monitor and moderate user-generated content within your Page, Group, or Event. Take appropriate actions, such as removing offensive or violating content and addressing user reports promptly.
Compliance with Laws and Regulations
- Legal Compliance: Comply with all applicable laws, regulations, and guidelines, including but not limited to those related to intellectual property, privacy, data protection, and anti-discrimination.
- Reporting and Cooperation: Promptly report any illegal or harmful activities to the appropriate authorities. Cooperate with law enforcement requests or investigations as required by law.
Policy Violations and Enforcement
- Violation Consequences: Violations of these policies may result in actions such as content removal, temporary suspension, or permanent termination of Pages, Groups, or Events.
- Reporting Violations: Report any violations of these policies by using the designated reporting mechanisms provided on the Nivafy platform.
- Compliance Review: We reserve the right to review and assess compliance with these policies. We may take necessary actions, including content removal or suspension, to ensure adherence to these policies.
